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A drunk driving crash can change your life in seconds. One moment you are driving down US-377 through Roanoke, and the next you are dealing with serious injuries, a totaled vehicle, and a stack of medical bills. If a drunk driver hurt you or someone you love near Roanoke, Texas, you have legal rights, and Chandler Ross Injury Attorneys is ready to help you use them. Our firm serves injury victims throughout the Denton County area, including Roanoke and the surrounding communities along FM 1171 and State Highway 114.
Table of Contents
- Texas Law Defines Drunk Driving, and It Covers More Than Just Alcohol
- Drunk Driving Crashes in Texas and Denton County Are a Serious and Ongoing Problem
- What Compensation You Can Seek After a Roanoke Drunk Driving Accident
- Steps to Take After a Drunk Driving Accident Near Roanoke to Protect Your Claim
- Why Drunk Driving Accident Claims Require Experienced Legal Representation
- FAQs About Roanoke Drunk Driving Accident Claims
Texas Law Defines Drunk Driving, and It Covers More Than Just Alcohol
Under Texas Penal Code Section 49.04, a person commits the offense of Driving While Intoxicated (DWI) when they operate a motor vehicle in a public place while intoxicated. Texas Penal Code Section 49.01 defines “intoxicated” in two ways. First, it means not having the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or any combination of those substances. Second, it means having a blood alcohol concentration (BAC) of 0.08 or more, measured as grams of alcohol per 100 milliliters of blood, 210 liters of breath, or 67 milliliters of urine.
This matters for your civil case. A driver does not have to be legally drunk under the BAC standard to be held responsible for your injuries. If a driver had any alcohol or drugs in their system that impaired their ability to drive, that impairment can support a personal injury claim against them. The criminal standard and the civil standard are different, and you do not need a criminal conviction to recover compensation.
Texas law also increases the severity of the offense in certain situations. Under Penal Code Section 49.04(d), a DWI becomes a Class A misdemeanor when the driver’s BAC measures 0.15 or higher. Under Section 49.045, a driver commits a state jail felony when they drive while intoxicated with a passenger younger than 15 years old in the vehicle. These aggravating factors can also strengthen your civil claim by showing the driver’s conduct was especially reckless.
According to the National Highway Traffic Safety Administration (NHTSA), drivers with a BAC of 0.08 are approximately four times more likely to crash than sober drivers, and at a BAC of 0.15, that risk jumps to at least 12 times higher. These numbers make clear why Texas law treats higher BAC levels more seriously, and why victims of drunk driving crashes deserve serious legal representation.
Drunk Driving Crashes in Texas and Denton County Are a Serious and Ongoing Problem
Texas has one of the most severe drunk driving problems in the United States. According to the Texas Department of Transportation (TxDOT), more than 1,000 people died in DUI/alcohol-related crashes in Texas in 2024 alone. That translates to three Texans killed every single day because a driver chose to get behind the wheel impaired. Alcohol-related crashes accounted for roughly 25 percent of all traffic deaths in the state that year.
The Denton County area, including Roanoke, sits at the intersection of several heavily traveled corridors. State Highway 114, which runs directly through Roanoke, connects the area to Fort Worth and Dallas-Fort Worth International Airport. US-377 and FM 1171 also carry significant local traffic. These roads see a mix of commuters, commercial trucks, and weekend travelers, and that traffic volume increases the exposure to impaired drivers, especially late at night and on weekends.
According to TxDOT, more than 1,000 people died in Texas from DUI/alcohol-related crashes in 2024, meaning three Texans were lost every day because a driver ignored the risks. Nationally, NHTSA estimated that 11,904 people were killed in drunk driving crashes involving a driver with an illegal BAC of 0.08 or greater in 2024. These are not abstract numbers. They represent real families in communities like Roanoke, Trophy Club, Southlake, and across Denton County.
If you were hurt in a drunk driving crash near Roanoke’s Alliance Town Center area, along the SH-114 corridor, or anywhere in the surrounding region, the attorneys at Chandler Ross Injury Attorneys want to hear your story. Call us at (940) 800-2500 for a free consultation. Past results in other cases do not guarantee the same outcome in yours, but we are committed to building the strongest possible case for every client we represent.
What Compensation You Can Seek After a Roanoke Drunk Driving Accident
Texas law allows drunk driving accident victims to pursue two categories of damages: compensatory damages and, in appropriate cases, exemplary damages. Compensatory damages are meant to make you whole for what you lost. Exemplary damages, sometimes called punitive damages, are meant to punish conduct that was especially reckless or malicious.
Compensatory damages in a drunk driving accident case typically cover medical expenses, including emergency room treatment, surgery, hospitalization, rehabilitation, and future medical care. They also include lost wages for the time you missed at work, as well as reduced earning capacity if your injuries affect your ability to work long-term. Pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life are also recoverable under Texas law.
Texas Civil Practice and Remedies Code Chapter 41 governs exemplary damages in personal injury cases. Under Section 41.003, exemplary damages may be awarded when the plaintiff proves by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence. Choosing to drive with a BAC well above the legal limit, especially after consuming alcohol at a bar or restaurant near Old Town Roanoke, can support a finding of gross negligence. This gives victims of drunk driving accidents a potential avenue for damages that go beyond simple compensation.
Texas also has a “dram shop” law under the Texas Alcoholic Beverage Code Section 2.02. This statute allows injured victims to pursue claims against bars, restaurants, or other alcohol providers who served alcohol to a visibly intoxicated person who then caused an accident. If the drunk driver who hit you was served at a local establishment in the Roanoke area before the crash, that business may share legal responsibility for your injuries.
The personal injury lawyers at Chandler Ross Injury Attorneys can evaluate every potential source of recovery in your case, including the drunk driver, their insurance company, and any third parties who may have contributed to the crash. Call (940) 800-2500 to get started.
Steps to Take After a Drunk Driving Accident Near Roanoke to Protect Your Claim
The actions you take in the hours and days after a drunk driving crash directly affect the strength of your injury claim. The most important step is to call 911 immediately. A police report documenting the crash, the officer’s observations of the driver, and any field sobriety test results or BAC readings creates a critical foundation for your case. Texas Peace Officer’s Crash Reports (CR-3) are the official records TxDOT uses to compile statewide crash data, and they serve as key evidence in civil claims.
Seek medical treatment right away, even if you feel fine at the scene. Some injuries, including traumatic brain injuries and internal injuries, do not show obvious symptoms immediately. A gap in medical treatment gives insurance companies a reason to argue your injuries were not serious or were not caused by the crash. Getting evaluated at a hospital or urgent care center near the Roanoke area creates a documented record that connects your injuries to the accident.
Preserve every piece of evidence you can. Take photos of the crash scene, your vehicle, the other vehicle, any skid marks, and your visible injuries. Collect contact information from witnesses. Save all medical bills, records, and correspondence with insurance companies. Do not give a recorded statement to the other driver’s insurance company before speaking with an attorney. Insurance adjusters are trained to minimize payouts, and anything you say can be used to reduce your claim.
Texas has a two-year statute of limitations for personal injury claims under Texas Civil Practice and Remedies Code Section 16.003. This means you generally have two years from the date of the accident to file a lawsuit. Missing that deadline almost always means losing your right to recover compensation entirely. Contacting Chandler Ross Injury Attorneys promptly gives us the time we need to investigate the crash, gather evidence, and build a strong case on your behalf before that deadline arrives.
Why Drunk Driving Accident Claims Require Experienced Legal Representation
Drunk driving accident cases involve more legal layers than a standard car accident claim. You may be dealing with multiple insurance policies, a potential dram shop claim against a bar or restaurant, criminal proceedings running alongside your civil case, and a driver who may try to deny liability. Each of these factors requires a legal strategy tailored to your specific situation.
The criminal case against the drunk driver may move on its own timeline through the Denton County courts. The Denton County Courthouse on West Hickory Street handles criminal DWI proceedings, and those proceedings can produce evidence that is valuable in your civil case, including police reports, BAC test results, witness statements, and dashcam footage. An attorney who understands how the criminal and civil systems interact can use that evidence to your advantage.
Insurance companies know that drunk driving claims often involve significant damages. They also know that juries in Texas tend to view drunk drivers harshly. That combination can push insurers to offer quick, low settlements to resolve claims before victims fully understand the extent of their injuries or their legal rights. Accepting a settlement too early can leave you without compensation for future medical costs, ongoing pain and suffering, or long-term lost income.
Drunk driving crashes can cause catastrophic injuries, including traumatic brain injuries, spinal cord damage, broken bones, and burns. These injuries often require long-term medical care and can permanently affect your ability to work and enjoy your life. A thorough case evaluation by an attorney who handles serious injury claims is the only way to know what your case is truly worth.
At Chandler Ross Injury Attorneys, we represent injury victims in Roanoke and throughout Denton County on a contingency fee basis. That means you pay no attorney’s fees unless we recover compensation for you. If you were hurt by a drunk driver near the Roanoke area, call us at (940) 800-2500 or reach out online to schedule your free consultation. You deserve answers, and we are here to provide them.
FAQs About Roanoke Drunk Driving Accident Claims
Do I need to wait for the drunk driver’s criminal case to finish before filing a civil claim?
No. Your civil personal injury claim is separate from any criminal DWI prosecution. You can file a civil lawsuit at any time within the two-year statute of limitations under Texas Civil Practice and Remedies Code Section 16.003, regardless of where the criminal case stands. In fact, waiting too long can hurt your civil case by allowing evidence to disappear. A criminal conviction can strengthen your civil claim, but it is not required to win compensation.
Can I recover compensation if the drunk driver had no insurance or limited insurance?
Yes, in many cases. If the drunk driver carried little or no insurance, you may be able to recover through your own uninsured or underinsured motorist coverage, if you have it. Texas also allows claims against third parties, such as a bar or restaurant that over-served the driver under the Texas Alcoholic Beverage Code Section 2.02 dram shop law. An attorney can review all available sources of recovery to help maximize your compensation.
What if I was partly at fault for the crash?
Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001. You can still recover damages as long as your percentage of fault does not exceed 50 percent. However, your total compensation is reduced by your percentage of fault. For example, if you are found 10 percent at fault, your recovery is reduced by 10 percent. An attorney can help dispute any attempt by the insurance company to unfairly assign fault to you.
What is a dram shop claim, and does it apply to my case?
A dram shop claim is a civil lawsuit against a business that sold or served alcohol to someone who was already visibly intoxicated and then caused an accident. Under Texas Alcoholic Beverage Code Section 2.02, a bar, restaurant, or other alcohol provider can be held liable for damages caused by a patron they over-served. If the drunk driver who hit you was drinking at an establishment in or near Roanoke before the crash, that business may share responsibility for your injuries. This is a separate claim from the one against the driver.
How long does a drunk driving accident case take to resolve?
Every case is different, and the timeline depends on the severity of your injuries, the complexity of the liability issues, and whether the case settles or goes to trial. Cases involving serious injuries, such as traumatic brain injuries or catastrophic harm, typically take longer because it is important to understand the full extent of your damages before accepting any settlement. Some cases resolve within several months, while others may take a year or more. The attorneys at Chandler Ross Injury Attorneys will keep you informed throughout the process and work to resolve your case as efficiently as possible without sacrificing the value of your claim.
Chandler Ross Injury Attorneys is responsible for the content of this page. Principal office located in Denton, Texas. Attorney advertising. Past results do not guarantee a similar outcome in your case.
